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STATE v. GRAHAM

No. COA00-883.

549 S.E.2d 908 (2001)

STATE of North Carolina, v. William Buie GRAHAM, Defendant.

Court of Appeals of North Carolina.

August 7, 2001.

Attorney(s) appearing for the Case

Attorney General Michael F. Easley, by Assistant Attorney General Sylvia Thibaut, for the State.

Public Defender Isabel Scott Day, by Assistant Public Defender Julie Ramseur Lewis, for defendant.

HUDSON, Judge.

Defendant was convicted of two counts of first degree rape, five counts of first degree sexual offense, and six counts of taking indecent liberties with a child. He contends the trial court gave the jury improper instructions regarding the State's burden of proof and on the theory of acting in concert. Because we agree the trial court committed plain error in its instructions on the charges for which defendant was convicted on the theory of acting...

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